Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations 37491

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under Commandant

Instruction M16475.1C, Figure 2–1,

paragraph (34)(h), it will have no

significant environmental impact and it

is categorically excluded from further

environmental documentation.

A Categorical Exclusion

Determination and Environmental

Analysis Checklist are included in the

docket maintained at the address listed

in ADDRESSES.

Unfunded Mandates

Under the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4), the

Coast Guard must consider whether this

rule will result in an annual

expenditure by state, local, and tribal

governments, in the aggregate of $100

million (adjusted annually for inflation).

If so, the Act requires that a reasonable

number of regulatory alternatives be

considered, and that from those

alternatives, the least costly, most costeffective, or least burdensome

alternative that achieves the objective of

the rule be selected.

No state, local or tribal government

entities will be effected by this rule, so

this rule will not result in annual or

aggregate costs of $100 million or more.

Therefore, the Coast Guard is exempt

from any further regulatory

requirements under the Unfunded

Mandates Act.

List of Subjects in 33 CFR Part 100

Regattas, Marine parades.

Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 100, section 100.1102, as

follows:

PART 100—MARINE EVENTS

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.36; 33 CFR 100.35.

2. Section 100.1102, Table 1, is

amended by adding an entry for the

Parker International Waterski Marathon

immediately following the last entry, to

read as follows:

§ 100.1102 Marine Events on the Colorado

River, between Davis Dam (Bullhead City,

Arizona) and Headgate Dam (Parker

Arizona).

* * * * *

TABLE 1

* * * * *

Parker International Waterski Marathon

Sponsor: Parker International Waterski

Association.

Dates: Annually, commencing on the

second full weekend of March every year,

and lasting a total of 2 days, from 8 a.m.

(PST) until 5 p.m. (PST) each day.

Location: The entire water area of the

Colorado River beginning at Bluewater

Marina in Parker, AZ, and extending

approximately 10 miles to La Paz County

Park.

Dated: June 25, 1998.

R.D. Sirois,

Acting Captain, U.S. Coast Guard,

Commander, Eleventh Coast Guard District.

[FR Doc. 98–18558 Filed 7–10–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–96–008]

RIN 2115–AE46

Special Local Regulation; Winter

Harbor Lobster Boat Race, Winter

Harbor, ME

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent special local

regulation for a boat race known as the

Winter Harbor Lobster Boat Race. The

event is held annually on the second

Saturday in August between the hours

of 8 a.m. and 2 p.m. This boat race takes

place in the waters of Winter Harbor,

Winter Harbor, ME. The actual date and

time will be published in a Coast Guard

Notice to Mariners. This regulation is

needed to protect the boating public

from the hazards associated with highspeed powerboat racing in confined

waters.

EFFECTIVE DATE: This rule is effective on

August 12, 1998.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Timothy J. Carton, Office of

Search and Rescue, First Coast Guard

District, (617) 223–8460.

SUPPLEMENTARY INFORMATION:

Regulatory History

A notice of proposed rulemaking

(NPRM) was published on February 26,

1996, (61 FR 7089) proposing the

establishment of a permanent special

local regulation for the Winter Harbor

Lobster Boat Race. The proposed

rulemaking was published citing an

incorrect section number § 100.114,

which is already in use. This final rule

will correct the section number.

The NPRM restricted vessels from

transiting a specified regulated area to

ensure the safety of life and property in

the immediate vicinity of the event. No

comments were received and no hearing

was requested.

Background and Purpose

The Winter Harbor Lobster Boat Race

is a local, traditional event that has been

held for more than thirty years in

Winter Harbor, ME. In the past, the

Coast Guard has promulgated individual

regulations for each year’s race. Given

the recurring nature of the event, the

Coast Guard desires to establish a

permanent regulation for this event.

This rule establishes a regulated area on

Winter Harbor and provides specific

guidance to control vessel movement

during the race.

This event includes up to 50 powerdriven lobster boats and draggers

competing in heats on a marked course

at speeds approaching 25 m.p.h. The

event typically attracts approximately

75 spectator craft. The Coast Guard will

assign a patrol craft to the event, and the

racecourse will be marked. Due to the

speed, large wakes, and proximity of the

participating vessels, it is necessary to

establish a special local regulation to

control spectator and commercial vessel

movement within this confined area.

Spectator craft are authorized to watch

the race from any area as long as they

remain outside the designated regulated

area.

In emergency situations, provisions

may be made to establish safe escort by

a Coast Guard or designated Coast

Guard vessel for vessels requiring transit

through the regulated area.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866, and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. The Office of Management and

Budget has exempted it from review

under that order. It is not significant

under the regulatory policies and

procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 25, 1979). The Coast Guard

expects the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation, under paragraph 10e of the

regulatory policies and procedures of

DOT, is unnecessary. This conclusion is

based on the limited duration of the

event, the extensive advisories that will

be made to the affected maritime

community and the minimal restrictions
37492 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations

that the regulation places on vessel

traffic.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule would

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For the reasons discussed in the

Regulatory Evaluation, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612,

and has determined that this rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this final rule

and concluded that under Figure 2–1,

paragraph 34(h), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard is amending

33 CFR Part 100 as follows:

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A new section, 100.109, is added to

read as follows:

§ 100.109 Winter Harbor Lobster Boat

Race, Winter Harbor, ME.

(a) Regulated area. The regulated area

includes all waters of Winter Harbor,

ME, within the following points (NAD

83):

Latitude Longtitude

44 23′07′′ N 068 04′52′′ W

44 22′12′′ N 068 04′52′′ W

44 22′12′′ N 068 05′08′′ W

44 23′07′′ N 068 05′08′′ W

(b) Special local regulations. (1) The

Coast Guard patrol commander may

delay, modify, or cancel the race as

conditions or circumstances require.

(2) No person or vessel may enter,

transit, or remain in the regulated area

unless participating in the event or

unless authorized by the Coast Guard

patrol commander.

(3) Vessels encountering emergencies

which require transit through the

regulated area should contact the Coast

Guard patrol commander on VHF

Channel 16. In the event of an

emergency, the Coast Guard patrol

commander may authorize a vessel to

transit through the regulated area with

a Coast Guard designated escort.

(4) All persons and vessels shall

comply with the instructions of the

Coast Guard on-scene patrol

commander. On-scene patrol personnel

may include commissioned, warrant,

and petty officers of the Coast Guard.

Upon hearing five or more short blasts

from a Coast Guard vessel, the operator

of a vessel shall proceed as directed.

Members of the Coast Guard Auxiliary

may also be present to inform vessel

operators of this regulation and other

applicable laws.

(c) Effective Period. This section is

effective from 8 a.m. to 2 p.m., annually

on the second Saturday in August,

unless specified in a Coast Guard Notice

to Mariners. In case of inclement

weather, this section will be in effect the

second Sunday in August at the same

time, unless otherwise specified in a

Coast Guard Notice to Mariners.

Dated: June 29, 1998.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 98–18556 Filed 7–10–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD08–98–038]

RIN 2115–AE84

Regulated Navigation Area; Ohio River,

Mile 461.0–462.0, Cincinnati, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a regulated navigation area

on the Ohio River from mile 461.0 to

mile 462.0. These regulations are

needed to protect and control recreation

and commercial vessel traffic during

two concerts by musician Jimmy Buffet

at the Riverbend Music Center,

Cincinnati, Ohio. These regulations will

restrict general navigation in the

regulated area for the safety of

recreational and commercial vessels.

DATES: These regulations are effective

from 8 p.m. until 11:30 p.m. on July 24

and 25, 1998.

ADDRESSES: Unless otherwise indicated,

all documents referred to in these

regulations are available for review at

Marine Safety Office, Louisville, 600

Martin Luther King Jr. Place, Rm 360,

Louisville, KY 40202–2230.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Jeff Johnson, Chief, Port

Management Department, USCG Marine

Safety Office, Louisville, Kentucky at

(502) 582–5194, ext. 39.

SUPPLEMENTARY INFORMATION:

Drafting Information: The drafters of

this regulation are Lieutenant Jeff

Johnson, Port Management Officer for

the Captain of the Port of Louisville,

Kentucky, and Lieutenant Junior Grade

Michael A. Woodruff, Project Attorney,

Eighth Coast Guard District, New

Orleans, LA.

Regulatory History

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking for these

regulations has not been published, and

good cause exists for making them

effective in less than 30 days from the

date of publication. Following normal

rule making procedures would be

impracticable. The details of the event

were not finalized in sufficient time to

publish proposed rules in advance of

the event or to provide for a delayed

effective date.

Background and Purpose

For the past few years performance

artist Jimmy Buffet has performed

annual concerts at the Riverbend Music

Center and over that period of time the

concerts have increased in popularity.

In the last few years, this particular

concert series has attracted an

increasingly large number of spectator

craft, posing a significant hazard to

navigation. This increased number of

vessels has contributed to an unusually

high number of close calls between

spectator craft and commercial traffic.

The purpose of this regulation is to

establish navigation and operating

restrictions which will serve to separate

recreational vessels from commercial

vessel traffic, and if needed, to escort